Wilson v. Ruthrauff
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Son. W. W. Wood, Judge. (1) If Wilson owes for five month’s rent he owes it to objector, whose tenant he became upon the death of H. J. Ruthrauff. She, as his landlord, as owner of the rent, has right of action against him for it, as her tenant, and the estate of Ruthrauff does not own it and could not sue for it. In re Est. of Stuart, 67 Mo. App. 61; Shouse v. Krusor, 24 Mo. App. 279, and cases cited.
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Appeal from the Johnson Circuit Court. — Son. W. W. Wood, Judge. (1) If Wilson owes for five month’s rent he owes it to objector, whose tenant he became upon the death of H. J. Ruthrauff. She, as his landlord, as owner of the rent, has right of action against him for it, as her tenant, and the estate of Ruthrauff does not own it and could not sue for it. In re Est. of Stuart, 67 Mo. App. 61; Shouse v. Krusor, 24 Mo. App. 279, and cases cited. The law determines the jurisdiction, not the parties. Stone v. Corbett, 20 Mo. 350; Tourville v. Railway, 61 Mo. App. 527; Abernathy v. Moore, 83 Mo.…
1Opinion of the CourtEllison, J.
Plaintiff is the administrator of the estate of H. J. Ruthrauff, deceased, and defendant is the *439sole distributee of such estate; and being thus interested made objection to plaintiff’s final settlement in the probate court. There were several objections, but as the circuit court on appeal decided all but one against the objector, we will confine ourselves to that one, since the objector did not appeal and the administrator did.
The objection is, that the administrator had rented of deceased, in his life-time, a store building, and that he had failed to account for five months’ rent accruing…
2Cases cited7 opinions
- Everts v. EvertsNew York Supreme Court · 1862
- Hook v. DyerSupreme Court of Missouri · 1871
- Young v. ThrasherMissouri Court of Appeals · 1892
- Estate of Stuart v. StuartMissouri Court of Appeals · 1896
- Sherwood's Administrator v. HillSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
- American Surety Co. of New York v. NortonTexas Commission of Appeals · 1922
- Wachsmuth v. Penn Mutual Life InsuranceAppellate Court of Illinois · 1909
- In Re Estate of EllisMissouri Court of Appeals · 2006
3 more not listed; retrieve them via the Exa API.